Library: Policy

OKDHS:2-40-71. Information technology acquisitions

Issued 9-1-11

(a) Scope. The procedures in this Section apply to all information technology (IT) procurement including, but not limited to, those acquired by competitive bid, sole source, statewide contract, Western States Contracting Alliance (WSCA), General Services Administration (GSA), authority order, intergovernmental agreement, through a partner, or as free ware.

(b) Procurement of IT products and services.

(1) Requirements. When procuring a product, accessibility is considered among the general, technical, and functional requirements of the specifications.
- (A) An initial voluntary product accessibility template (VPAT) or comparable document must be provided by the vendor addressing one of the six technical compliance standards for various types of technologies per OKDHS:2-40-70(b)(3). The Oklahoma Department of Central Services (DCS) VPAT ensures consistent and uniform responses from suppliers and includes three additional Oklahoma standards for web-based information or applications.
- (B) Each division works with the designated Oklahoma Department of Human Services (OKDHS) accessibility assessor to conduct a thorough review of proposed acquisition.
- (C) Form 23CO004E, Product OITA VPAT Evaluation, when needed for product evaluation, determines the degree of conformance to the accessibility standards. Relative accessibility weighting may be adjusted for due cause based on the specific procurement.
(2) Commercially available off-the-shelf (COTS) procurements. When OKDHS and the vendor enter into an agreement for any COTS product, it must be determined whether the product will be configured or customized.
- (A) Configured. The assessment is based upon the VPAT or comparable documentation for the COTS product.
- (B) Customized. The assessment is based upon the VPAT or comparable documentation for the COTS product and any existing custom code.
(3) Maintenance agreements. Maintenance agreements do not require a VPAT. If OKDHS and the vendor enter into a maintenance agreement, an accessibility assessment and validation are completed at the time an upgrade is deployed.
(4) Professional services. Professional services do not require a VPAT. The contract monitor and the applicable OKDHS division are responsible for ensuring the vendor abides by OKDHS standards for the developed product and for obtaining an accessibility assessment and validation prior to deployment.
(5) Previously approved products. Previously approved products do not require a VPAT. A list of OKDHS approved IT products is maintained by OKDHS Data Services Division (DSD). Items on this list are previously approved as accessible or do not have an accessibility component. The requesting division must ensure the IT product has been approved prior to acquisition.

(1) Requesting individual. The requesting individual may seek help from CIO-designated IT subject matter experts.
- (A) In the procurement of new IT products and services, the requesting individual ensures:
  - (i) market research is conducted to identify if any suppliers or products are available to meet those requirements or when an exception applies;
  - (ii) non-availability, or exceptions are documented;
  - (iii) appropriate, completed VPAT is obtained from the vendor;
  - (iv) accessibility is included as a factor in the selection process;
  - (v) procurement requirements of this Section and Oklahoma Information Technology Accessibility (OITA) standards are followed; and
  - (vi) justification is provided when conditional approvals or exceptions are requested.
- (B) In the procurement of existing IT products and services, including contract and license renewals and maintenance agreements, the requesting individual must ensure:
  - (i) the VPAT is maintained or updated as appropriate; and
  - (ii) an accessibility assessment is conducted when an upgrade occurs.
(2) Accessibility assessor. The accessibility assessor:
- (A) provides an assessment of representations made by the requesting individual or division; and
- (B) signs Form 05CO002E, IT Procurement Assessment, documenting the review and indicating the procurement is approved for processing or is denied, requiring Director approval.
(3) Contracting officer. Prior to procurement, the contracting officer:
- (A) reviews requisition to verify the presence of all forms, VPATs, and approvals required by OKDHS, DCS, and the Oklahoma Office of State Finance (OSF);
- (B) verifies the presence of language statutorily prescribed for all contracts including the vendor's representations of compliance with OITA standards; and
- (C) asks the requesting individual for supplemental information required by OSF or DCS.
(4) OKDHS Director. The OKDHS Director:
- (A) reviews requests for conditional approvals and exceptions; and
- (B) approves or disapproves the request.
(5) Data Services Division. DSD sends a list of all conditional approvals granted by the OKDHS Director along with agreed-upon compliance dates to the Web Governance Board for publication on the Infonet.

(d) Contract clause. All IT solicitations and contracts must include the Oklahoma Information Technology Access Clause prescribed by DCS Central Purchasing Division per Section 85.7d of Title 74 of the Oklahoma Statutes and Oklahoma Administrative Code (OAC) 580:16-7-56. The Oklahoma Information Technology Access Clause is found in the accessibility section of the DCS Central Purchasing website.

(e) Exceptions.

(1) OAC 580:16-7-56(c) sets forth criteria that qualify as general exceptions to accessibility compliance requirements:
- (A) IT function, operation, or use by OKDHS involving intelligence or crypto logic activities related to public safety, command and control of law enforcement, equipment that is an integral part of a weapon or weapons system or systems critical to the direct fulfillment of public safety or intelligence missions. Such systems do not include a system used for routine administrative and business applications including payroll, finance, logistics, and personnel management applications.
- (B) IT acquired by a contractor or grantee incidental to a contract or grant provided the technology does not become state property upon completion of the contract.
- (C) IT located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment.
- (D) IT requiring a fundamental alteration in the nature of a product or its components.
- (E) Except as required to comply with these standards, OKDHS is not required to install specific accessibility-related software or attach an assistive technology device to IT products unless required by other applicable state or federal laws.
- (F) When OKDHS provides public access to information or data through IT, OKDHS is not required to:
  - (i) make products owned by OKDHS available for access and use by individuals with disabilities at a location other than where the information technology is provided to the public; or
  - (ii) purchase products for access and use by individuals with disabilities at a location other than where the IT is provided to the public.
- (G) IT imposing an undue burden on the agency.
(2) Purchasing exceptions are documented using DCS Form 055, Accessible Technology Procurement Checklist and Documentation. Documentation supporting exceptions is maintained in the OKDHS contract file.